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Use conditions and guidelines

Modified on: Tue, 31 Oct, 2017 at 2:48 PM

College Marketplace Use Conditions & Guidelines

Welcome to the ValoreBooks.com website operated by College Marketplace Inc. The following describes the terms on which College Marketplace, Inc. offers you access to our sites and services. By using our sites, you agree to the following conditions, terms and guidelines.

Please read them carefully.

The Use Conditions & Guidelines are effective upon acceptance for any new users and for current users, this Agreement is effective upon the next use. When you use any current or future College Marketplace Inc. service or visit or purchase from any business affiliated with College Marketplace Inc., whether or not included in the College Marketplace Inc. Sites, you also will be subject to these Conditions & Guidelines.

PRIVACY

Please review our Privacy Policy, which also governs your visit to College Marketplace Inc., to understand our practices. If you are a seller, we require you to, and you hereby, agree to be bound by the Participation Agreement.

ELECTRONIC COMMUNICATIONS

When you visit College Marketplace Inc. or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHTS

College Marketplace Inc. claims a copyright, and all copyright protection afforded, under international, United States and Delaware State laws to all content included on our Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software (ours or our software suppliers). The compilation of all content on our Sites is our exclusive property, and it is similarly protected. College Marketplace Inc. also claims a copyright, and all copyright protection afforded, under international, United States and Delaware State laws to all material described in the trademarks noted below.

TRADEMARKS

VALORE, VALORE EXCHANGE, VALORE EXCHANGE, LLC, VALOREBOOKS, VALOREBOOKS.COM and VALORE .COM and other graphics, logos, page headers, button icons, scripts and service names that College Marketplace Inc. uses, manages or controls are trademarks, registered trademarks or trade dress of College Marketplace Inc. or one or more of its affiliates in the United States or other countries or both. No one may use these trademarks and trade dress in connection with any product or service that is not College Marketplace lnc.’s without its express written permission. All other trademarks that appear on our Sites are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by College Marketplace Inc. or any of its affiliates.

College Marketplace Inc. also claims copyright rights in our own original works of authorship that appear on our Sites and to all the materials described above in the “Copyright” section. This includes, but is not limited to, our own text, pictures and designs.

TRADE SECRETS

According to the Uniform Trade Secrets Act, “trade secret” means information, technical and non­technical, including but not limited to a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy .

College Marketplace Inc. claims all legal rights to all of its trade secrets, as defined above, and to all trade secrets that belong to any of its affiliates or suppliers or that College Marketplace Inc. or any of its affiliates or suppliers has the right to use, but only to the extent that College Marketplace Inc. uses, controls or manages them.

LICENSE AND SITES ACCESS

College Marketplace Inc. grants you a limited license to access and make personal or authorized commercial use of our Sites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of College Marketplace Inc.. This license does not include any resale or commercial use of our Sites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Sites or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

No one may reproduce, duplicate, copy, sell, resell, visit or otherwise exploit any portion of our Sites for any commercial purpose without express written consent of College Marketplace Inc. No one may frame or utilize framing techniques to enclose College Marketplace lnc.’s name or any of College Marketplace lnc.’s trademarks, logos, copyrighted materials, trade secrets or other proprietary information (including images, text. page layout or form) or of any of our affiliates and suppliers without our express written permission. No one may use any Meta tags or any other “hidden text” or metadata that incorporate or utilize College Marketplace lnc.’s name, trademarks, logos, copyrighted materials, trade secrets or other proprietary information without our express written permission. If you should use any of these without our permission at any time, this will automatically terminates your license and any other expression of our permission to use this site and, to the extent we might have granted you the right to use College Marketplace lnc.’s name, trademarks, logos, copyrighted materials, trade secrets or other proprietary information, the right as well to use them.

We grant to you a limited, revocable and nonexclusive right to create a hyperlink to the home page of College Marketplace Inc. so long as the link does not portray College Marketplace Inc., its affiliates or its suppliers, or their products or services in a false, misleading, derogatory or othe1wise offensive matter. You may not use any College Marketplace Inc. logo or other proprietary graphic or trademark or any intellectual property in which College Marketplace Inc. has rights as part of the link without express written permission.

CONFIDENTIALITY, CHILDREN AND SERVICE

If you use our Sites, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. College Marketplace Inc. does not permit anyone who uses our Sites to buy products from or sell products to children, but it sells them to adults, who can purchase by using a credit or debit card any other payment system that College Marketplace Inc. accepts. If you are under 18, you may use College Marketplace Inc. only with involvement of a parent or guardian. College Marketplace Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Anyone who buys products that sellers sell via our Sites may post reviews, comments, and other content; send other communications ; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. College Marketplace Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant College Marketplace Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant College Marketplace Inc. and its sublicensees the right to use the name that you submit in connection with such content, if they choose.

We encourage you to be sensitive to cultural differences and sensitivities in making any comments.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify College Marketplace Inc. for all claims resulting from content you supply. College Marketplace Inc. has the right but not the obligation to monitor and edit or remove any activity or content. College Marketplace Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

COMPLAINTS ABOUT INTELLECTUAL PROPERTY

College Marketplace Inc. respects the intellectual property of others. If you believe that your work has been copied or utilized in a way that constitutes infringement of the intellectual property rights, please follow our Notice Procedure for Making Claims of Infringement, which we describe below.

RISK OF LOSS

Contracts between any buyer and any seller for any item via the College Marketplace Inc. platform are made pursuant to a shipment contract. This usually means that the risk of loss and title for such items pass to you when the seller delivers such items to the carrier that will ship them to the buyer, not when you actually receive them.

PRODUCTS

College Marketplace Inc. does not describe the products that sellers who use its Sites sell via its platform. The sellers describe these products. Therefore, College Marketplace Inc. does not warrant that any product descriptions or other content of our Sites are accurate, complete, reliable, current or error-free.

SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

College Marketplace Inc. expressly prohibits the upload, download or transmission of any content that involves the sexual or other exploitation of children, whether or not illegal.

PRICES

Except where noted otherwise, prices displayed for products on our Sites represent the seller’s price, not ours. This price may or may not represent the prevailing price in every area on any particular day.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

OUR SITES AND ALL INFORMATION, CONTENT, MATERIALS, PHODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES AND THE “MARKETPLACE” PLATFORM ARE PROVIDED BY COLLEGE MARKETPLACE INC. ON AN “AS IS” AND “AS AVAILABLE’’ BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COLLEGE MARKETPLACE INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLLEGE MARKETPLACE INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLLEGE MARKETPLACE INC. DOES NOT WARRANT THAT OUR SITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES; THEIR SERVERS; OR

E-MAIL SENT FROM COLLEGE MARKETPLACE INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLLEGE MARKETPLACE INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN VVRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. !F THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting College Marketplace Inc., you agree that the laws of the United States and the laws of Delaware State, without regard to principles of conflict of laws, will govern these Conditions & Guidelines and any dispute of any sort that might arise between you and College Marketplace Inc.

DISPUTES

Any dispute relating in any way to your visit to College Marketplace Inc. or to products you purchase through College Marketplace Inc. must be submitted to confidential arbitration, in New Castle County, Delaware. However, if we should claim that you, in any manner, have violated or threatened to violate College Marketplace Inc.’s intellectual property rights, College Marketplace Inc. may either resort to arbitration as described in the preceding sentence or seek injunctive or other appropriate relief in any state or federal court. If we do resort to a court in such a case, you hereby agree that sucl1court may exercise personal jurisdiction over you and also that venue may be laid in such a court.

College Marketplace Inc. and you agree that such arbitration will be conducted under the rules then prevailing of the American Arbitration Association. We also agree that any arbitration award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise .

SITES POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies, such as our Fee Agreement and Payment Terms, posted on our Sites. These policies also govern your visit to College Marketplace Inc.. We reserve the right to make changes to our Sites, policies, and these Conditions & Guidelines at any time. If a court should decide that any of these Conditions & Guidelines are invalid, void or for any reason unenforceable, the remaining Conditions and Guidelines will remain in effect and fully enforceable.

NOTICE AND PROCEDURE FOR MAKINGA CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

If you believe that intellectual property has been copied or utilized in a way that constitutes infringement of intellectual property rights, please provide College Marketplace Inc.’s agent noted below the written information specified below. Please note that College Marketplace Inc. established this procedure only for notifying it that intellectual property rights might have been infringed. The notice must contain:

An electronic or physical signature, either of the owner of the intellectual property interest or of a person authorized to act on behalf of the owner of the intellectual property interest;

Identification of the intellectual property that you claim has been infringed or otherwise used in an unauthorized manner. For instance, if you claim that a copyright in a particular book that you own (or on behalf of whose owner you are submitting the complaint) is being infringed, identifying information that would be most helpful include the title of the book, as well as its author, ISBN, ASIN, and similar information;

Identification of where on the Sites the item or activity to which your notice pertains is located, including (if possible) the specific URL(s). In addition, it would be helpful if you could provide the seller’s name, a description of the item the use and sale or other transfer of which you believe violates an intellectual property interest, and the seller’s price for that item;

Your statement that you have a good-faith belief that the copy, sale or other use of the intellectual property in question is not authorized by its owner, the owner’s agent or the law. To the extent possible, it would be helpful if you could also include a brief explanation of why you believe the use identified in your notice is unauthorized; and

A statement that the information in your notice is accurate and, under penalty of perjury, that you are either the owner of the intellectual property interest at issue, or are authorized to act on the owner’s behalf.

College Marketplace Inc. has supplied a form for you to use to provide the above notice, which is appended to these Use Conditions and Guidelines. We encourage you to use this form.

For sellers, if our agent (designated below) receives such a notice, we will attempt to notify the alleged infringer, and if we receive the counter notice described below, we will supply that counter notice to the person who complained of the infringement, and we will restore the material or cease disabling access to it between 10 and 14 business days after our agent (designated below) receives any counter-notice unless that agent receives notice within that time frame from the person who complained of the infringement that that person has filed a lawsuit relating to the infringing activity.

The person alleged in such a notice to have violated intellectual property rights may supply us with counter notice. This counter notice must (a) be in writing; (b) be provided to our designated agent (noted below); and (c) include:

That person’s physical or electronic signature; and

The identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and

That person’s statement, under penalty of perjury, that he/she/it has a good faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material to be removed or disabled; and

That person’s name, address and telephone number, together with a statement that the person consents to Federal court jurisdiction where that person’s address is (and if the person’s address is outside the United States, in any judicial district in which the service provider may be found), and that the person will accept process from the person who provided the notice of the alleged infringement.

College Marketplace Inc. has supplied a form for you to use to provide the above counter notice, which is appended to these Use Conditions and Guidelines. We encourage you to use this form.

Anyone wishing to report or respond to a report of an alleged infringement of intellectual property rights may do so by contacting College Marketplace Inc.’s designated agent for notice of claims of intellectual property rights infringement on its Sites as follows:

College Marketplace Inc. has supplied .a form for you to use to provide the above notice and counter notice, which are appended to these Use Conditions and Guidelines. We encourage you to use these forms

.

OTHER COLLEGE MARKETPLACE INC. POLICIES AND GUIDELINES

College Marketplace Inc. has established a Privacy Policy. Sellers who use College Marketplace lnc.’s platform to sell products must agree to the terms of a Participation Agreement. Also, College Marketplace Inc. has numerous other procedures and policies. College Marketplace Inc. posts most of these on the Sites, and we encourage you to review all of the foregoing, since all of them affect theuse of that Sites. These policies change from time to time, and the new versions will become effective when College Marketplace Inc. posts them on the Sites. Therefore, we encourage you to review all such policies and procedures to see which ones apply at any given time.

In addition, College Marketplace Inc. has established guidelines regarding the proper kinds of conduct and prohibited uses of our Sites and related services (“Service”). They are not exhaustive. We reserve the right to, and probably will, modify these Guidelines at any time. Any modifications will be effective when posted at our Sites(s).

When you use our Service, you agree to follow these Guidelines (as we may modify them from time to time). We will regard any violation of these Guidelines as a serious breach of our relationship.

Therefore, your breach might result in the suspension or termination of your account or any other action that we, and we alone, deem appropriate. If you want to report any violations of these Guidelines, by anyone, please e-mail us at customerservice@valorebooks .com.

1. General Responsibilities

College Marketplace Inc. takes a passive role in the purchase and sale transactions in which its customers engage. Our Service enables people to share information about the products for sale and their opinions regarding various products and services and for sellers to sell and buyers to buy such products. Therefore, we cannot and do not warrant, verify or guarantee the quality, accuracy or integrity of the products for sale, the products actually delivered or any information about them. You understand that you remain solely liable for any and all information, text, images, photographs, graphics, e-mail addresses, Web pages, reviews, discussion board postings, and other materials (“Content”) that you upload to, download from or transmit to our Service.

2. Prohibited Content or Activities

Any user of our service may use it only for lawful purposes. We reserve the right to restrict or remove any and all uses or Content that we determine in our sole discretion is harmful to our systems, network, reputation, or goodwill, to other College Marketplace Inc. customers, or to any third party.

The list below is a non-exhaustive list of the kinds of conduct or Content that College Marketplace Inc. prohibits:

The upload, download, or transmission of any Content that would violate, or would facilitate the violation of, any applicable law, regulation, or College Marketplace Inc. rule or policy

The upload, download, or transmission of any Content that infringes the intellectual property rights or other proprietary rights of others, including, without limitation, copyright, trademark, patent, or trade secrets

The upload, download, or transmission of any Content that is unlawful, libelous, defamatory, obscene or pornographic (defined together as work that appeals predominantly to a morbid, degrading and unhealthy interest in sexual behavior and that depicts or describes sexual conduct in a patently offensive way, as distinguished from a mere candid interest in sex, to include but not be limited in any way by kind or nature to bestiality, necrophilia, pedophilia, emission of bodily fluids, rape sex, incest or sex with graphic violence or degradation), indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable

The upload, download, or transmission of any Content that involves the sexual or other exploitation of children, whether or not illegal

The upload, download, or transmission of any harmful Content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information

The upload, download, or transmission of any domain names, URLs, or hyperlinks

The use of the Service for commercial purposes such as advertising, promotion, or solicitation

The impersonation of any person or entity or forging of any e-mail communication or any part of a message

The use of College Marketplace Inc. to sell, purchase, promote, loan, license, or otherwise transfer goods that infringe the intellectual property rights or other proprietary rights of others, including, without limitation, copyright, trademark, patent, or trade secrets.

As set forth above, breach of these rules, including but not limited to the use of the site in a manner that infringes the intellectual property rights of others, may lead to the suspension and termination of your account.

3. Reviews and Notices

You are welcome to provide feedback about sellers and the products they sell via our Sites.

We recommend that reviews be no more than 300 words. Your comments should focus on the product or the seller. You must also include your own valid e-mail address, but you can opt not to display your e-mail address if you do not want others to have access to it. The best reviews include not only whether you liked or disliked a product, but also why. Feel free to mention other products that you consider similar and how this product rates in comparison to them. Comments that are not specific to the product or that violate our guidelines in any way may be removed from the College Marketplace Inc. Sites at any time, at our discretion. Please limit yourself to one comment per item.

College Marketplace Inc. is pleased to provide a forum for you to air your opinions on sellers who sell through our site, the products they sell and our Services. Still, we respectfully request that you refrain from including the following in your review:

Profanity, obscenities (defined as work that appeals predominantly to a morbid, degrading and unhealthy interest in sexual behavior and that depicts or describes sexual conduct in a patently offensive way, as distinguished from a mere candid interest in sex, to include but not be limited in any way by kind or nature to bestiality, necrophilia, pedophilia and emission of bodily fluids), or spiteful words, unless these words are in a title of a product that you bought or attempted to buy through the College Marketplace Inc. platform

Comments that involve the sexual or other exploitation of children.

Time-sensitive material

Single-word reviews. We want to know why you liked or disliked the product, the seller or our Services

Phone numbers, mail addresses

Solicitations College Marketplace Inc. reserves the right, which it can exercise in its sole discretion and at any time, either to refuse to post or to remove any review that violates these guidelines (literally or in spirit) .

4. Product Safety

If you post a comment about a product you think might be unsafe, we ask that you report this information also to the U.S. Consumer Product Safety Commission, at https://www.cpsc.gov/cgibin/incident.aspx (https ://www.cpsc .gov/cgibi n/incident.aspx.).

5. Repeat Infringer Policy

If Valore believes that your conduct violates the Use Conditions and Guidelines or if Valore receives a valid notification from a third party that any of your products or content infringes the copyright or other rights of that third party, you will receive a warning and any allegedly infringing products or content will be removed or access to it will be disabled. In appropriate circumstances, such as if you receive more than two warnings, your access to Valore will be terminated. If you believe that your products or content was removed or access to to it was disabled in error, or that your products or content were misidentified, you may submit a counter notification,as described below. College Marketplace, Inc. reserves the right to remove and/or terminate an account if College Marketplace, Inc. has a good-faith belief that the material violates these Use Conditions and Guidelines.

Attachments: DMCA Notice

DMCA Counter Notice

Last Revised: July 28, 2017

DMCA NOTICE OF CLAIMED INFRINGEMENT

1. Describe the intellectual property right you claim has been infringed, and identify the copyrighted or otherwise protected material at issue (for instance, for a book, please provide the name, author, ISBN, ASIN and/or other identifying information):

2. Identify where the material claimed to be infringing is located at the Sites. Please provide a specific URL or other way we can find the particular item in question, and, if possible, a description of the item for sale or transfer, the Seller’s name, and the Seller’s price:

3. A way we can contact you, including your name, email address, and/or telephone number:

4. If possible, a brief explanation of why you believe the copy or use to be unauthorized:

I have a good-faith belief that the copy of or other use of the intellectual property in question not authorized by its owner, the owner’s agent or the law. _____ (initial here)

I assert that the above information is accurate, and state under penalty of perjury that I am either the owner of the intellectual property in question or that I have the authority to act on the owners behalf.

_____________________________________ ___________

(sign here, either physically or electronically) (date)

DMCA COUNTER NOTICE REGARDING CLAIMED INFRINGEMENT

1. Describe the material that College Marketplace Inc. removed or access to which has been disabled:

2. Describe where the material claimed to be infringing was located at the Sites:

3. Provide your name, address, telephone number and e-mail address:

I consent to Federal court jurisdiction in the judicial district in which my address above is located. If my/our address is outside the United States, I consent to federal court jurisdiction in any judicial district in which College Marketplace Inc. may be found. _____ (initial here)

I will accept process from the person who provided the DMCA notice of claimed infringement. (Add name of such person, if known): _____ (initial here)

Under penalty of perjury, I assert that I have a good faith belief that the material removed or as to which access was disabled was removed/disabled as a result of a mistake or a misidentification of the material.